Auto Injury

First Things To Do:

1. Stay Calm
   • Do not move injured people.
   • Do not argue with anyone.
   • Move car out of traffic if you are not injured.
2. Exchange Information
   • Get names and telephone numbers of the other drivers and any witnesses before they leave the scene.
   • Get drivers license numbers and license plate numbers.
   • Get the name of the other driver's insurer and the policy number, if possible.
3. Call Law Enforcement
4. Make no admissions of fault
5. Take pictures of the vehicles, the scene of the accident, and your injuries
6. Report the accident to your own insurance carrier
   • Review your own insurance policy for benefits and coverage. Determine if you have "Med Pay" coverage, and utilize it. "Med Pay" is specifically for your use when you are injured in an auto accident. There is often an advantage to using this insurance rather than your own private medical insurance.
   • Cooperate and be factual with your own insurance carrier.
   • You are not required to speak with any opposing insurance carrier.
   • If the other driver does not have insurance coverage, you need to take certain precautions.
   • Make all necessary reporting to the DMV.
7. If injured, seek medical attention as soon as possible
   • If you are injured, it can be a long process to settle your claim. You should wait to settle until the full extent of your injuries is known. Do not rush settlement of your injury claim (but keep in mind there are statues of limitations and you must take legal action before the statue expires). You may settle your property damage claim separately from your personal injury claim. Ordinarily, you will settle property damage with your own insurance company.
8. Do not discuss the accident with anyone
   • You may speak with your doctors, lawyers, close family members and your own insurance carrier.
   • We recommend that you do not discuss anything with opposing insurance companies
   • If you do not yet have an attorney, refer the caller to the police report or your own insurance carrier.
9. Seek legal advice
   • Most attorneys will tell you if it is simple and you can handle it yourself.
   • There are various time limitations (or statutes of limitation) for each type of personal injury case. Some are rather short. You should ask your attorney about this.
   • You can probably handle the property damage aspect yourself. If you are injured, you should seriously consider hiring an attorney.
   • If the opposing insurance carrier undervalues your property damage, obtain comparables from the classifieds section of your local newspaper. Compare condition, mileage, year, and model.
10. Keep a journal
    • Make a sketch of the scene of the accident.
    • Make a record of pain, disability or discomfort.
    • Record your pain, disability, discomfort, time missed from work, trips and mileage to medical providers and any out-of-pocket expenses incurred.
    • Record any limitations in your life as a result of the accident.

Your Legal Rights:

1. DO I HAVE THE RIGHT TO TAKE MY CAR TO THE SHOP OF MY CHOICE?
   • YES. ONLY YOU may select the repair facility.
2. SHOULD MY INSURANCE COMPANY BE NOTIFIED BEFORE REPAIRS?
   • YES. Your policy states that, if requested, you must file a sworn proof of loss, exhibit the damaged property, and submit to examination under oath.
3. DO I NEED TO CONTACT MORE THAN ONE SHOP FOR AN ESTIMATE?
   • NO. Only one estimate for the shop of your choice is required of you, unless more are specifically required by the terms of your insurance policy. Securing any additional estimates would be the obligation of your insurance company. The Bureau of Automotive Repair requires you be given a written estimate before starting repairs.
4. AM I RESPONSIBLE FOR THE COST OF REPAIRS?
   • YES. You are responsible to the repair facility for payment of repairs. If you are insured, your insurance contract states that the insurance company will pay you for the loss, less any applicable deductibles or depreciation. Any arrangements for payment by your insurance company are your responsibility.
5. IS THE REPAIR FACILITY RESPONSIBLE FOR THE REPAIRS PERFORMED ON MY CAR?
   • YES. The Automotive Repair Act of 1971 requires all repair dealers to be registered with the State of California and to post a sign. This act [Section 9884.7 (1) (g)] indicates that the Department Of Consumer Affairs may invalidate the registration of the repair dealer for a number of causes, including willful departure from or disregard of accepted trade standards for good and workman-like repair. In particular, this section would apply to any repairs which would render a car unsafe. The repair facility will use diligence in locating parts and materials to expedite repairs.
6. IF I AM HAVING DIFFICULTIES WITH MY INSURANCE COMPANY, DO I HAVE RECOURSE?
   • YES. First consult with your insurance agent or broker. If you continue to have problems, consult with the Department of Insurance, State Of California, at their office in Sacramento, San Francisco, Los Angeles, or San Diego.
7. IF MY INSURANCE COMPANY DOES NOT AGREE WITH THE AMOUNT OF LOSS, DO I HAVE RECOURSE OTHER THAN NO. 6?
   • YES. Your policy could provide that, when the insured and the insurer fail to agree on the amount of loss, both parties are entitled to arbitration